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Procedures

JUDGE JEFFERY A. DELLER
EFFECTIVE NOVEMBER 7, 2005 (Updated: August 18, 2025)

The following procedures are specific to Judge Deller's cases and are mandatory unless otherwise ordered. These procedures and the hearing dates posted are subject to change at any time by the Court. Parties and their legal counsel are responsible for reviewing the procedures and, where applicable, using only the posted hearing dates.

These procedures supplement and do not replace the Federal Rules of Bankruptcy Procedure, Local Bankruptcy Rules, and General Orders of this Court.

  1. PROCEDURES APPLICABLE TO ALL CASES
    1. Correspondence with the Court: Judge Deller discourages letters or other ex parte communications concerning cases (See Fed.R.Bankr.9003). To the extent parties feel it is necessary to correspond with the Court regarding administrative matters, they should do so in writing and copy opposing counsel. Information regarding the merits of a matter is properly brought before the Court in the form of a pleading. Unless expressly authorized by Judge Deller, no documents or papers are to be faxed or e-mailed to chambers. Judge Deller's courtroom deputy will assist with the administration of procedural matters, but is prohibited from giving legal advice.
       
    2. Continuation, Rescheduling, and Canceling Hearings: Requests to continue, reschedule or cancel a hearing must be made by written motion. Written requests to continue, re-schedule or cancel a duly noticed hearing are considered by Judge Deller on a case-by-case basis. All requests for a continuance, rescheduling or cancellation of a duly noticed hearing should identify the good cause supporting the requested action, and identify whether the parties in interest consent and/or object to the proposed relief. No hearings will be continued, rescheduled, or cancelled, even if the matter has been settled, unless an appropriate motion and proposed order have been electronically filed with the Clerk at least 3 (three) days before the scheduled hearing date. If time does not allow filing 3 days before the scheduled hearing to provide a status report to the Court, calling Chambers or the courtroom deputy will not continue, reschedule, or cancel the hearing.
       
    3. Filing of Pleadings, Motions and Other Court documents: Documents are to be filed electronically with the Clerk's Office. Unless requested otherwise by Judge Deller, and except as set forth herein, no courtesy copies of filings are required. In regards to emergency matters or matters in which an expedited hearing is requested, please notify the courtroom deputy of the filing. Judge Deller will evaluate such request for an expedited hearing on a case-by-case basis and will schedule a hearing at a date  and time as may be appropriate. Courtesy copies of emergency motions or requests for expedited hearings should be provided and delivered to the courtroom deputy.
       
    4. Witnesses: No witnesses will be heard on motions days unless the Court specifically orders otherwise in a particular case. As set forth below, all evidentiary hearings will be specially scheduled.
       
    5. Scheduling of Motions and Other Matters: "Self-Scheduling" applies to Chapter 7, 11, 12 and 13 cases, all chapters (again, as set forth below, this is proceedings in the main case only and not adversary proceedings).
       
    6. First-Day Matters in Chapter 11 Cases: As soon as the first-day motions have been filed in a particular Chapter 11 case, contact the courtroom deputy to arrange for a hearing. Counsel for the Chapter 11 debtor is encouraged to provide the Clerk's Office with the "first-day" binder of all filed first-day motions and any responses or objections thereto, along with a proposed agenda for the first-day hearing and an affidavit or declaration of a representative of the debtor in support of the first-day motions.
       
    7. Mediation and Alternative Dispute Resolution: Judge Deller encourages litigants to utilize mediation as a means to resolve disputes. If litigants have a matter that is ripe for mediation, advise Judge Deller in writing of the litigants' desire to mediate the particular controversy.
       
    8. Appearance of Counsel at Hearings: Counsel must appear at scheduled hearings unless the order scheduling hearing specifically provides otherwise. Do not contact chambers concerning whether a scheduled hearing has been cancelled (or defaulted). To determine whether a matter remains on the hearing calendar, check the calendar at https://www.pawb.uscourts.gov after 12:00 noon the day before the hearing. Orders entered by default will be identified on the calendar. To verify whether a default order has been entered, check the docket. If a Certificate of No Objection is timely filed, the matter may, at the Court's discretion, be taken off the calendar. If a Certificate of No Objection is not timely filed, or if a default order is not entered, counsel must appear at the hearing.
       
    9. Motions for Temporary Restraining Order: A plaintiff seeking a temporary restraining order must electronically file a motion for temporary restraining order and a motion for preliminary injunction at the same adversary number as the original complaint for injunctive relief. See Fed.R.Bankr.P. 7065 and Fed.R.Civ.P. 65. As soon as the request for a temporary restraining order is filed, the plaintiff's counsel must call the courtroom deputy, to arrange for a hearing.
       
    10. Certificates of No Objection and Certifications of Counsel: The Court requires the use of Certificates of No Objection (a "CNO") and Certifications of Counsel (a "COC") as provided in Local Rules 9013-7 and 9013-8, as supplemented by these procedures.

      In the absence of a properly filed CNO, a matter may be defaulted or cancelled in the discretion of the Court. Parties should check Judge Deller's calendar on the Court's website after 12:00 Noon on the day prior to the scheduled hearing to determine if the matter remains on the calendar. Orders entered by default or removed from the hearing calendar for other reasons will be identified on the calendar. Unless a matter is removed from the calendar, the party (if pro se), or counsel for the party, must appear at the hearing.

  2. REMOTE PARTICIPATION (Revised: 08/18/2025)
     
    Effective for hearings on or after September 15, 2025, these revised procedures shall apply to accommodate both in-person and remote participation for most non-evidentiary hearings. The ability to participate remotely is available only at the discretion of the Court, and it may be rescinded if a party fails to comply with Court directives. Unless otherwise ordered, all parties participating remotely shall utilize the Zoom Video Communications ("Zoom") application and adhere to the following procedures.
     
    1. Punctuality. As with in-person hearings, remote participants must comply with the above procedure regarding the Appearance of Counsel at Hearings and be present in the "virtual courtroom" at the time their case is called. Parties must account for the time needed to connect to the hearing and be cleared through any applicable waiting room. Accordingly, all parties must join the conference not less than ten (10) minutes prior to the start of the hearing.
       
    2. Registering to Participate Remotely
      1. All parties participating remotely must register by submitting a registration form via the link published on Judge Deller's website by no later than 4 p.m. on the business day prior to the scheduled hearing, at which time the registration portal will close. The Court recommends parties register as soon as possible, such as when a motion or an initial response is filed.
         
      2. Because the registration form is unique to each hearing date, participants must register using the link that corresponds to the correct hearing date and include the following information:
        • The participant's name, email address, and telephone number;
        • The name of the party or parties whom the participant represents;
        • Any other required information.
       PARTIES WHO FAIL TO TIMELY REGISTER MAY NOT BE ADMITTED TO THE ZOOM COURTROOM AND WILL BE EXPECTED TO ATTEND IN PERSON. THE FAILURE TO ATTEND IN PERSON MAY RESULT IN THE COURT DEEMING THEIR APPEARANCE WAIVED.
       
    3. Joining Hearings Remotely. After registering to participate remotely, parties will receive a confirmation email containing meeting information and the requisite links to attend the hearing. To join by computer, click on the meeting link in the confirmation email or, alternatively, enter the Meeting ID provided in the confirmation email into the Zoom mobile or desktop application. Participants will be placed into a waiting room and admitted into the main conference by the video conference host.
       
    4. Entering a Remote Appearance. Once parties are connected through Zoom, they MUST provide their full names as their "screen names" when entering the Meeting ID to join the hearing. In hearings with a large number of participants, the Court may use the screen names to take the entry of appearances for the record.
       
    5. Using Zoom by Telephone. At the Court's discretion, a party that lacks the ability to participate through Zoom video may participate strictly by telephone. Any party seeking to participate solely by telephone must contact chambers three (3) business days prior to the scheduled hearing. Parties who join by telephone will dial the appropriate number and enter the Meeting ID received upon registration when prompted.
       
    6. Rules for Remote Participation. All parties participating remotely must abide by the following directives at all times. Failure to comply with the Court’s procedures may result in the Court imposing sanctions, including but not limited to, revoking the party's privilege to participate remotely.
       
      1. Basic Prohibitions. The following actions are prohibited while participating remotely: (I) use of a telephone or device while in a vehicle or a public place; (II) conversing with anyone outside of the hearing; (III) failing to keep an audio microphone on "mute" when the participant is not speaking; (IV) allowing any background noise to interfere or disturb the proceedings; and (V) using the "speaker phone" function on a telephonic device. Once a participant's hearing is called, they must remain seated and stationary at all times.
         
      2. Hearing Attire and Surroundings. Appropriate business professional courtroom attire is required. Participants should also be mindful of their background so as to not distract or detract from the court proceedings. Virtual backgrounds are permitted solely to the extent that it involves a solid, neutral background. To prevent image distortion, participants should refrain from having a large light source (i.e. windows) directly behind them.
         
      3. Minimization of Noise Interference. Participants must make a concerted effort to minimize all background noise and shall silence any devices that may make noise (e.g., telephones, cell phones, messaging and email alerts). All parties are responsible for the quality of their audio connection, and to that end, the Court strongly recommends that participants wear a corded headset with a microphone during hearings. Should participants choose to use a wireless device, such as AirPods or Bluetooth-enabled devices, they must remain in close proximity to the connection source and avoid movement that would interfere with the signal. The Court cannot rely on a legal argument it cannot hear.
         
      4. Recording. Other than the Court, no participant may record any part of the hearing, whether by use of Zoom recording capabilities, third-party applications, photographs, screenshots, or by any other means.
         
    7. Zoom Operating Instructions. For the purpose of ensuring a smooth and efficient hearing, all participants shall review the following information prior to the scheduled hearing to familiarize themselves with Zoom and its features:
       
      1. Hardware. Zoom video is compatible for use on mobile devices (such as a smartphone or tablet) as well as personal computers (laptop or desktop) that have camera and microphone functions. Zoom by telephone is compatible with all telephones.
         
      2. Installation/Update of Zoom. To participate, parties will need to install the Zoom application on a smartphone/tablet or install the Zoom software on a Windows, Linux, or macOS laptop/desktop. If parties already have Zoom installed on the device being used for the hearing, parties must ensure the application is updated to the most recent version.
         
      3. Testing Your Device. All participants are required to test their device compatibility with Zoom requirements and their internet connection speed to ensure that it is at least 3 Mbps prior to the hearing date. Participants can conduct such tests here. Tests must be performed on the same device that will be used to participate in the hearing.
         
      4. Additional Assistance. For additional assistance using Zoom, please consult the Zoom Help Center, which offers “quick start guides” and video tutorials.
         
    8. Off-Record Discussions Between Parties. Should participants wish to speak with each other or with clients off the record, participants should disconnect from Zoom, speak off the record, and then log back in. The video conference host will then admit returning participants into the main conference.
       
  3. PROCEDURES APPLICABLE TO CHAPTER 7, 11, 12 AND 13 CASES
    1. Scheduling of Adversary Proceedings and Evidentiary hearings; Other Non-Self-Scheduled Matters: As a general matter, all motions, applications and other requests for relief filed in Chapter 7, 11, 12 and 13 cases are "Self-Scheduled" pursuant to Local Bankruptcy Rule 9013-5. Parties are directed to the Court's general website for information regarding the dates and times for hearings that may be "Self-Scheduled." Requests for emergency relief, adversary proceeding matters and evidentiary hearings, including evidentiary hearings for contested matters in the main bankruptcy case, will be scheduled by the Court. In addition, the following additional matters shall NOT be “Self-Scheduled” by the moving party and will be scheduled only by the Court:

      General Case Matters:

      Chapter 12 and 13 plans;
      Amendments to plans;
      Amendments to schedules; and
      Applications to modify plans
      Wage attachments; and
      Extensions of time
      Chapter 11 Disclosure Statements
      Chapter 11 Plans
      First-Day Motions
      Expedited Motions

    2. Self-Scheduling of Chapter 7, 11, 12 and Chapter 13 Matters:
      1. Choosing a Hearing Date: When scheduling a matter, the movant shall choose a hearing date from the list published by the Clerk relating to Judge Deller's “Self-Scheduling” calendar dates, and the moving party shall complete, file and serve a Notice of Hearing. (Note, the Notice of Hearing must conform to the Notice of Hearing forms utilized by the Court.) ONLY the hearing dates listed and published by the Clerk for Judge Deller shall be used for “Self-Scheduled” matters. Any matters scheduled by the movant for a date other than one listed by the Clerk shall be dismissed without prejudice to being re-filed, re-noticed, and rescheduled by movant for an authorized date. If a matter is dismissed for noncompliance, the filing party must serve all parties in interest with notice of the dismissal order and cancellation of the hearing.
         
      2. Notice of Hearing: Except with respect to matters that require a longer notice period (such as objections to claims) the hearing date selected by the movant must provide for at least 25 calendar days notice of the hearing. At least 25 calendar dates before the chosen authorized hearing date, the movant shall simultaneously electronically file the motion and Notice of hearing and serve same on the Chapter 7 Trustee, 12 Trustee, Chapter 13 Trustee or the United States Trustee and all other respondents and parties in interest. The motion must be filed in sufficient time to allow the 17 days response time required by local rule AND so that the deadline for filing responses/answers/objections is no later than 7 calendar days before the scheduled hearing date. Objections to claims must be filed at least 30 days before the chosen hearing date. Any matters scheduled by the movant which provides for less than the required period of notice shall be dismissed without prejudice to being re-filed, re-noticed, and rescheduled by movant for an authorized date. If a matter is dismissed for noncompliance, the filing party must serve all parties in interest with notice of the dismissal order and cancellation of the hearing.
         
      3. Failure to Comply: The Court may strike a pleading or other request for relief if the proponent fails to adhere to the “Self-Scheduling" procedures. Parties are not permitted to opt out of “Self-Scheduling” absent approval of the Court.
         
    3. Amendments to Plans Previously Confirmed on a Final Basis:
      1. It is not necessary to file a motion to modify when an amendment to a finally confirmed Chapter 12 or 13 plan is sought. Instead, the proponent must file:
         
        1. A "Notice of Proposed Modification to Confirmed Plan Dated __________", which substantially complies with the form found on Judge Deller's website; and
           
        2. A proposed Amended Chapter 12 or 13 Plan, as the case may be.
           
      2. If these two items are filed, the proposed amendment will follow the Court's standard conciliation/confirmation process. Of course, when counsel serves the Amended Plan on all creditors, they should also serve the Notice of Proposed Modification as well.
         
      3. If counsel fails to file the Notice of Proposed Modification when the Amended Plan is filed, a corrective entry will be made on the docket advising counsel that the Notice of Proposed Modification should be filed (and served along with the Amended Plan). If the debtor, through counsel, does not take corrective action within the time period proscribed by the corrective entry, the proposed amendment will be denied without prejudice due to failure to adhere with these procedures.

       

    4. Cases Ready for Trustee's Final Account/Report:
      1. In cases involving a 60 month plan and following completion of the 60th month from Plan Confirmation, the Court routinely schedules Status Conferences to determine the need for entering a schedule for implementation of close out procedures.
         
      2. In cases involving a plan having duration of less than 60 months (e.g., 36 months, 48 months, etc.), the Court requires Debtor’s Counsel to file a Motion requesting a Status Conference to determine whether Court intervention is needed to close out the case in instances where the case has not been closed within 4 months of the end of the plan term. In any such Motion for Status Conference, counsel should advise the Court as to whether (1) the plan base is met; (2) the date on which the plan duration has run; and, (3) within 4 months of either event, whether the Chapter 13 Trustee has filed a final account/report or taken some other action toward closing the case (i.e., notifying debtors that they are to assume responsibility with the mortgage payments and cease making payments to the Trustee). Service of the Motion and any scheduling notice related thereto shall be made upon the Chapter 13 Trustee. Nothing contained in these procedures should be deemed or construed to eliminate the Chapter 13 Trustee's responsibility to promptly close-out Chapter 13 cases where the plan term has expired and the plan goals (and base) have been met.